matters above enumerated; and (n) such other papers filed in the proceedings as the Secretary of the Treasury may request or the court may direct to be transmitted to him: Provided, That if the Secretary of the Treasury shall determine that the transmission of any such papers is unnecessary, he shall so notify the clerk, whereupon the clerk may dispense with the transmittal of further papers. The clerk shall also transmit to the District Director of Internal Revenue for the district in which the proceedings are pending a copy of any petition filed under subsection (a) of section 77.

51

ANCILLARY RECEIVERSHIPS LIMITED

No ancillary receiver shall be appointed in any district court of the United States in any bankruptcy proceeding pending in any other district of the United States except (1) upon the application of the primary receiver, or (2) upon the application of any party in interest with the consent of the primary receiver, or by leave of a judge of the court of original jurisdiction. No application for the appointment of such ancillary receiver shall be granted unless the application contains a detailed statement of the facts showing the necessity for such appointment. The application shall be signed by the party in interest, or the primary receiver, or by an agent of the party in interest or primary receiver specifically authorized in writing for that purpose and having knowledge of the facts. Such authorization shall be attached to the application.

52

PROCEEDINGS UNDER CHAPTER X OF THE ACT

PARAGRAPH 3

(3) The clerk of the district court shall forthwith transmit to the District Director of Internal Revenue for the district in which the proceedings are brought a copy of each petition filed under section 127 or 128 of the Act.

53

BOND OF DESIGNATED DEPOSITORY UNDER SECTION 61

PARAGRAPHS 1 AND 2

(1) The bond required of a banking institution designated as a depository shall be given with an authorized fidelity or bonding company as surety, or with approved individual sureties who are residents of the judicial district in which the court of bankruptcy or the banking institution is located, and two of whom are neither officers nor directors of the institution designated as a depository: Provided, That the judge may, in accordance with the provisions of and the authority conferred in Title 6, United States Code, section 15, accept the deposit of the securities therein designated, in lieu of a surety or sureties upon such bond.

(2) The condition of bonds hereafter given shall be substantially to the effect that the banking institution, so designated, shall well and truly account for and pay over all moneys deposited with it as such depository, and shall pay out such moneys only as provided by the Act and applicable general orders and court rules, and shall abide by all orders of the court in respect of such moneys, and shall otherwise faithfully perform all duties pertaining to it as such depository: Provided, That no security in the form of a bond or otherwise shall be required in the case of such part of the deposits as are insured under Title 12, United States Code, section 1821.

54

PROCEEDINGS UNDER CHAPTER XII OF THE ACT

PARAGRAPH 3

(3) The clerk of the district court shall forthwith transmit to the District Director of Internal Revenue for the district in which the proceedings are brought a copy of each petition filed under section 421 or 422 of the Act.

55

PROCEEDINGS UNDER CHAPTER XIII OF THE ACT

(1) This general order shall apply to proceedings under chapter XIII of the Act.

(2) The general orders in bankruptcy shall, insofar as they are not inconsistent with the provisions of chapter XIII or of this general order, apply to proceedings under chapter XIII: Provided, That General Orders 14, 18 and 28 shall not apply to such proceedings unless an order shall be entered directing that bankruptcy be proceeded with pursuant to the provisions of the Act.

(3) All papers filed shall be accompanied by such copies as the clerk or referee may require to enable him to comply with the provisions of the Act and of this general order.

(4) Each proof of claim shall, unless the court is satisfied from its other allegations that the claim is not based upon money loaned or upon any bond, note or other obligation, contain proof that the claim is free from usury as defined by the laws of the place where the debt was contracted.

56

RULES BY COURTS OF BANKRUPTCY

Each court of bankruptcy, by action of a majority of the judges thereof, may from time to time make and amend rules governing its practice in proceedings under the Act not inconsistent with the Act or with these general orders. Copies of rules and amendments so made by any court of bankruptcy shall, upon their promulgation, be distributed by the clerk of the district court as follows: Two copies to the Library of the Supreme Court of the United States, Washington 25, D. C.; two copies to the Director of Libraries, Department of Justice, Washington 25, D. C.; two copies to the Comptroller General, General Accounting Office, Washington 25, D. C.; and four copies to the Administrative Office of the United States Courts, Washington 25, D. C.

AMENDMENTS TO

OFFICIAL FORMS IN BANKRUPTCY

FORM NO. 7

ANSWER OF ALLEGED BANKRUPT

A petition having been filed in the above court on the ........ day of ........, 19..., praying that your respondent, the alleged bankrupt above named, be adjudged a bankrupt, your respondent now appears and answers the petition as follows:

1. Respondent admits the allegations contained in paragraphs of the petition.

2. Respondent denies each and every allegation contained in paragraphs ........ of the petition.

Wherefore your respondent prays that a hearing may be had on the petition and this answer, and that the issues presented thereby may be determined by the court [or by a jury].

[To be used in cases where the filing fees are to be paid in installments]

At . . . . . . . ., in this district, on the . . . . . . . . day of . . . . . . . ., 19... It is ordered that the first meeting of creditors herein be held at ......., in in .... 19..., at ........ o'clock ... m.,

. . . . . . . ., on
time.

It is further ordered that the above-named bankrupt [or, in proceedings under chapter XIII, debtor] be and appear before a referee of this court at the time and place appointed for the first meeting of creditors for the purpose of being examined as provided by the Bankruptcy Act.

FORM No. 17B

NOTICE OF FIRST MEETING OF CREDITORS

[To be used in cases where the filing fees are to be paid in installments]

adjudged a bankrupt on a petition filed by him on

in

19..., and that the first meeting of his creditors will be held at on ........, 19..., at ......... o'clock time, at which place and time the cred

m.,

itors may attend, prove their claims, appoint a trustee, appoint a committee of creditors, examine the bankrupt, and transact such other business as may properly come before the meeting.

At...... in this district, on the . . . . . . . . day of ...

.........

19...

[If the creditors elect a trustee, use paragraph (1) and strike paragraph (2); if the creditors fail to elect a trustee, use paragraph (2) and strike paragraph (1).] (1)

of

.......

having been appointed trustee of the estate of the above-named bankrupt by his creditors, as provided in the Bankruptcy Act,

It is ordered that the appointment of

as trustee

be, and it hereby is, approved, and the amount of his bond is fixed at

.. dollars.

(2) The creditors of the above-named bankrupt having failed to appoint a trustee as provided in the Bankruptcy Act,

of . . . . . . . ., is hereby appointed trustee of the estate of the bankrupt, and the amount of his bond is fixed at ........ dollars.

Referee in Bankruptcy.

FORM No. 21

APPOINTMENT OF TRUSTEE BY REFEREE

(Abrogated)